When Will the Courts Order a Drug Test During a Florida Custody Case?

In Florida custody cases, the courts prioritize the best interests of the children. When one parent accuses another parent of unfitness, the courts will address the matter in a variety of ways. It is well within the court’s power to order that one parent be drug tested to determine if they’re fit to parent their children. If they fail the drug test, the courts can decide not to award custody of the children to them. In this article, we’ll discuss the process of drug testing parents during family law hearings.

When will the Florida courts order a drug test in a family law case? 

• Evidence of substance abuse impacting parental responsibility – The court can order a drug test if there is evidence that a parent’s substance abuse negatively affects their judgment, reliability, and ability to care for the child, which could potentially hinder their ability to provide a safe and stable home environment.

• When one spouse alleges drug abuse – If your former spouse makes the allegation that you abuse drugs, and there is credible support to their testimony, the court can order a drug test to verify the allegations.

• History of substance abuse – If one spouse has a documented history of drug or alcohol abuse, it can lead to the court requiring periodic drug testing to ensure the parent remains clean and sober.

• Evidence of current drug use – If your former spouse can provide witness statements, police reports, or the court makes observations suggesting current drug use, it can prompt the court to order a drug test.
• When a parent files a motion requesting drug testing – A parent can begin the process by filing a motion with the court. The parent would need to provide reasons to believe the other parent is abusing drugs.

What factors does the court consider when evaluating drug abuse?

When deciding to order a drug test, the court will generally evaluate various factors. These include:

• The impact of drug use on a parent’s ability to care for their child
• The child’s safety and well-being
• The parent’s history of substance abuse weighed against rehabilitation and treatment efforts
• The parent’s capacity to provide a stable home for the child

What happens if I fail or refuse a drug test?

If you fail a drug test, it won’t automatically lead to you losing custody of your children. It will, however, trigger an investigation that can lead to reduced parental rights. You may end up only being allowed supervised visits. The court will consider the severity of your drug abuse and its frequency of use, the type of substance, and any rehabilitation efforts.

Refusing a drug test can have serious consequences, including the loss of parental rights. If the court orders you to take a drug test, you will ultimately need to pass it to have your parental rights restored.

Talk to a Tampa, FL, Family Law Attorney Today

Westchase Law, P.A., represents the interests of Tampa residents who are considering divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.